Mesothelioma Law - A Summary
Sadly, the nature and location of mesothelioma and asbestosis make an early diagnosis difficult, if not impossible. Most victims of mesothelioma do not have any medical options by the time they have been diagnosed. This aggressive disease can be treated by chemotherapy, radiation, and other standard cancer regimens, but it is most often progressive and fatal.
Since this disease is almost always contracted by asbestos exposure, and since asbestos has been mined and used by companies for decades as a flame retardant, many workers have ended up suing their employers because of a disease resulting from this exposure to asbestos. Thousands of asbestos-related lawsuits have been filed in the United States, as well as other countries since the 1930's when the deadly effects of asbestos exposure were first documented.
Unfortunately, thousands of people are diagnosed with some form of mesothelioma. Many seek compensation from the employer who exposed them to asbestos through a mesothelioma lawsuit. The laws associated with asbestos-related disease fall under the personal injury category. The plaintiff sues the defendant for damages which have resulted from negligence or neglect.
In the case of a mesothelioma lawsuit, the plaintiff's attorney must prove that the defendant is responsible for causing the exposure to asbestos, and that the company neglected to inform and protect the plaintiff from its effects. The plaintiff's case is stronger if he or she is a non-smoker and can prove that the asbestos exposure is the only possible cause of his or her disease.
Patients suffering from asbestos-related diseases such as asbestosis or mesothelioma needs to hire a competent and experienced mesothelioma attorney to represent them. Since the defendant is probably a large company with previous experience in these cases, the plaintiff's legal firm should be a specialist in mesothelioma law, and not just in general law.
The defendant's lawyers have several options. They will often offer to settle out of court, especially if they fear that a jury trial would result in a ruling in favor of the plaintiff. Many trials are shortened or avoided all together by a mesothelioma settlement. If they go to trial and lose, they can also appeal the verdict if there are sufficient grounds to do so.